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The Sandbox - Houston The Sandbox is a collection of off-topic discussions. Humorous threads, Sports talk, and a wide variety of other topics can be found here. If it's NOT an adult-themed topic, then it belongs here

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Old 07-13-2010, 01:30 PM   #1
Yak_Man
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Default Honest question for a legal eagle here - not hobby related

The other night something happened in my family that I never thought would or could. My sister was the victim of domestic violence. She's OK but it was pretty freaking traumatic. Anyway my question is this:

Is a hospital/doctor/emergency room required by law to report suspected or alleged DV to the police like they are for child abuse?

For obvious reasons I won't go into details, however I appreciate any informed responses to my question.

Thanks.
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Old 07-14-2010, 05:47 AM   #2
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Texas Family Code Sec. 91.003. "INFORMATION PROVIDED BY MEDICAL PROFESSIONALS. A medical professional who treats a person for injuries that the medical professional has reason to believe were caused by family violence shall:
(1) immediately provide the person with information regarding the nearest family violence shelter center;
(2) document in the person's medical file:
(A) the fact that the person has received the information provided under Subdivision (1); and
(B) the reasons for the medical professional's belief that the person's injuries were caused by family violence; and
(3) give the person a written notice in substantially the following form, completed with the required information, in both English and Spanish:
"It is a crime for any person to cause you any physical injury or harm even if that person is a member or former member of your family or household.
"NOTICE TO ADULT VICTIMS OF FAMILY VIOLENCE"

___________________________End of quoted material _________

#1. LE often obtains reports from medical facilities regarding "potential" FV and assaults that may have been the result of FV.... or any other assaults for that matter. The medical facilities are obligated to provide the information.

#2. FV is rarely, and I mean rarely, an isolated incident. It is a continuum that spirals upward with increasing levels of violence and increased frequency. Zero tolerance is the ONLY way to go.
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Old 07-14-2010, 09:02 AM   #3
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Thanks LexusLover.

And I agree with the zero tolerance thing. Fortunately so does my family member.
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Old 07-14-2010, 04:30 PM   #4
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Quote:
Originally Posted by Yak_Man View Post
Fortunately so does my family member.
Very smart person. Thinking with the brain and not the heart.
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Old 07-14-2010, 05:36 PM   #5
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That's really fucked up. And I think they are required by law to call the police. Whether the makes the report or not determines what happens. Not a legal eagle, just know through experience with a friend of mine.
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Old 07-14-2010, 06:30 PM   #6
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And I think they are required by law to call the police.
What "law," please. With all due respect "experiences" are not "law."
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Old 07-14-2010, 07:29 PM   #7
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A good friend of mine was beaten by her boyfriend... He punched her in the stomach and head, while she was pregnant. I took her to the hospital. You could see the handprints around her neck, his handprints on her face, and a serious shiner was rising. When she told the nurse in triage what happened, the nurse said she was going to call the police. My friend asked her not to... I was shocked. The nurse said, "By law I have to." That's where I got that from. Excuse me if I spoke too soon.
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Old 07-14-2010, 08:11 PM   #8
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Thank you both LL and Daphne. I'm grateful that my sis will be fine and is recovering from what LE called a "felony" assault. Now all she needs is a rabid pit bull for an attorney. heh heh Somehow I think we'll find one.....

Volunteers take a number! :=)

Thanks again y'all. This interweb thing is amazing at bringing people together.
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